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President S.R. Nathan (TODAY File Photo)
SINGAPORE: The forthcoming Presidential Election will, in all likelihood, be different from the previous ones.
This is the first time that both parliamentary and presidential elections are being held in the same year, separated by a mere three months. The dust from this month’s General Election has yet to settle and we are on the threshold of the fourth Presidential Election, with polling likely to be in August.
My hunch is that, unlike in 1999 and 2005, there will be a contest this time. And it is probable the strong ground sentiments, polarised political mood and emotions that characterised this year’s May GE will also manifest themselves in the presidential polls. This is despite the Presidential Election not being a political contest in which candidates debate and challenge each other on political platforms and policies.
Candidates have to be non—partisan — a candidate will have to formally end affiliation to a political party by Nomination Day.
A key theme in the recent GE was the strong belief that in a one—party dominant system like ours, the checks and balances provided by a credible Opposition was not only desirable but necessary. This growing desire for a more open, vibrant and competitive political system is likely to nuance the Presidential Election as well.
As such, a candidate who is closely identified or connected with the ruling People’s Action Party (PAP) or the Government could suffer a distinct political disadvantage, compared with a rival candidate who is not connected with the Establishment.
This was acknowledged by PAP chairman Lim Boon Heng on Sunday when he observed that " people would prefer if there were someone who can be a strong unifying symbol for Singaporeans, who’s not so closely related to the PAP" .
LIMITED GUARANTEE
Yet, Singaporeans’ high expectations of the Elected President to function as a check on the PAP Government need to be tempered and moderated.
Singapore’s head of state is not vested with the same powers as the executive presidents of the United States, France and many Latin American countries.
Despite our President being elected, our system of government remains a parliamentary one in which policy—making and law—making are the prerogatives of the Cabinet and Parliament.
Put simply, the Elected President is not designed as a countervailing source of political power in our system.
The Elected President has two key custodial functions: That of protecting Singapore’s financial assets and safeguarding the integrity of Singapore’s public service. It is in these two areas where the President can function as a check — whether it is drawing down on our past national reserves (as was done in 2009) or the appointment of key office holders (such as the Supreme Court judges and military chiefs), the concurrence of the President is necessary.
In layman’s term, the President holds the " second key" . But the President cannot initiate a drawdown of the reserves or make key appointments, laws or policies his powers are inherently reactionary.
In most other areas, the President has limited discretionary power, mostly acting on the advice of the Cabinet, or being constitutionally required to consult with the Council of Presidential Advisers.
When the Singapore Constitution was amended in 1991, after an extended public debate and consultation, the Elected President was structured as a " watchdog" to protect Singapore from self—destructing under an irresponsible, populist and corrupt government.
Given our parliamentary system, the important but limited powers of the President are by no means a full—fledged guarantee against poor governance or an incompetent government.
WITHOUT PARTY ENDORSEMENT
The candidacy of the late President Ong Teng Cheong and current President S.R. Nathan were backed by the PAP Government. In past elections, once a candidate was endorsed by the establishment, other potential candidates (whether previously from the establishment or not) were less keen to throw their hat into the ring.
However, this time round, a candidate who receives an endorsement from the Government or organisations such as the NTUC may be disadvantaged given the political climate. We should not be surprised if the Government or NTUC does not endorse any candidate this time. This would be a step in the right direction. Imagine what it would be like if the political parties each had their " preferred" candidates.
We should endeavour to keep the contest non—partisan and non—adversarial the contest ultimately is about who can best do the job.
In any case, while some may still be concerned over a candidate with ties to the establishment, we should assess such a candidate with an open mind. After all, given the stringent requirements, the reality is that a majority of those who qualify to contest would be connected with the establishment in one way or another.
We should go beyond labels and look instead at the candidate’s track record, temperament and motivations.
The late President Ong served as NTUC secretary—general, a PAP MP for 28 years and was Deputy Prime Minister. But as Singapore’s Elected President, he performed his constitutional duties without fear or favour and had well—publicised run—ins with the Government.
ANNOUNCE INTENTIONS EARLY
Thus far, only former veteran PAP MP Dr Tan Cheng Bock has indicated that he will contest in the Presidential Election. President Nathan, who turns 87 on July 3, has not indicated whether he will seek re—election when his second term of office ends on Aug 31 this year. There are no term limits on the President.
The formal electoral process commences on June 1. It is hoped that all those with interest in contesting would declare their candidacy shortly.
Nomination Day for the previous three Presidential Elections in 1993, 1999 and 2005 were all in mid—August and this year’s edition is unlikely to be different.
We are less than 90 days from the presidential polls. It is of utmost importance for Singaporeans to get to know the aspiring candidates seeking to be their head of state.
Candidates should not be afraid to have their records, deeds and motivations in seeking office scrutinised. We should be very worried if a candidate decides to show his hand only when the Writ of Election is issued.
Fresh from the GE, many Singaporeans hope to be able to cast their ballots in the Presidential Election. A real contest would boost the standing and legitimacy of the institution of the Elected President, and reinforce the power and responsibility vested in Singaporeans exercising their democratic choice. —
TODAY
Eugene K.B. Tan is assistant professor of law at the Singapore Management University School of Law.
